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What are my rights on my fathers property when we are living seperatel
06-Aug-2023 (In Civil Law)
I am staying at XYZ . I am staying in First Floor which was built by my father in year 1987. The Whole property was purchased by my grandfather in the year 1974. The property still exists in the name of my deceased grandfather. My parents were seperated in year 2000. My father abandoned us in September,2003 and decided to live seperately and since then is staying at A with his illegitimate family. My mother is staying in B since 2001. My sister got married in November,2015. Since then my father twice threatened me to look seperate house for myself to which I opposed. My questions are as follows :- 1. Can my father debarr me from my stake/rights over XYZ??? 2. Can my father's illegal children move in to XYZ, do they have share/stake at XYZ??? 3. Can my father deny from giving property share/stake to me and my mother,sister ??? 4. Is there a way to stop him as till now he is staying at A ?
See the property actually belong to your grandfather if it is an interstate property means ur grandfather has not transferred it to any legal heirs then the children of your grandfather will b entitled for. You will be entitled for your share in the property including your father and other legal heirs and their children. So basically it will equally divided among other legal heirs.
It would be alot difficult for Your father to prove that the property was constructed by him.
if your father could able to prove that the property was constructed Actually by him then you would be only and title for partition in the suit property not the individual floor.
You can always ask the court for the partition of the property and in such eventuality you would be given your entitled individual share as per the Hindu Succession act.
Hope you got your satisfactory answer. There is nothing more to add
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Adv. Atul Kumar Singh
Delhi | 25+ Answers
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Please update me if there was any will executed by your grandfather? If the property still exists in the name of your deceased grandfather, you may certainly have a right being it as a ancestral property. Your fathers illegitimate children can also have a right towards the property. Since it is an ancestral property, your father MAY not be able to deny yours/mothers/sister stake.
You may file a civil suit. Please contact.
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Adv. Kunal Kumar
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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